The House amended and gave second reading to H.3611,
the South Carolina Comprehensive
Infrastructure Development and Financing Act. This bill establishes an infrastructure
planning
process to coordinate planning for transportation, water and sewer, and communication systems
at the local, regional and state levels, and provides a mechanism for funding the priority projects
established through this process. The bill creates a state program and a unit of government - the
Division of Regional Development (the DRD) - within the SC Budget and Control Board to
coordinate and assist in infrastructure planning at the local, regional and state levels and to
coordinate the funding related to infrastructure, and also creates the SC Infrastructure Bank to
provide financial assistance for infrastructure projects.The bill outlines the
responsibilities and
powers of the DRDwhich include administering the Infrastructure Bank; providing
training and
other assistance to local governmentsand Regional Councils of Government to create
and
develop infrastructure plans; developing a state infrastructure plan from the regional plan;
working with and coordinating state agency actions and programs that impact infrastructure
development; identifying and coordinating public funds used by State agencies to help support
infrastructure development to ensure that funding decisions are consistent with the infrastructure
plans; administering the SC Infrastructure Bank.

The bill also establishes the State Council for Regional Development, which serves as an
advisory/consultative body to the DRD and which consists of 7 voting members (Chairman of
Department of Transportation Commission, Secretary or designee of Department of Commerce,
one member appointed by the Governor, two members appointed by the Speaker of the House,
two members appointed by the President Pro Tempore of the Senate) and 4 non-voting members
(Directors or designees from DHEC, Natural Resources, and PRT, as well as one member
selected and recommended by the SC Association of Regional Councils of Government). The
Governor selects the Chairman.

The SC Infrastructure Bank will include, but not be limited to, the state highway account, state
transit account, federal highway account, and the federal transit account. The bank will also be
capitalized by contributions and donations from public or private sources, principal and interest
on
loans made from the bank, and earnings on the investment of the bank monies. Funds (i.e., state
and federal) may not be commingled. Estimates of funding sources for the bank for 1997-98
include: Up to 10% of federal funds (up to $25 million); one cent of state gas tax ($20.6 million);
interest on highway and economic development funds ($6 million); and truck licensing fees,
effective 1998-99, 3 year phase-in ($46.7 million). The bank, governed by the Budget and
Control Board and administered by the DRD, will be allowed to make loans, issue bonds, enter
into contracts, and establish policies and procedures for administering loans and maintaining
fiscal
control.

The bill outlines criteria for making loans under the bank. Terms of the loan may not exceed the
useful life of the project or 25 years. The State Council for Regional Development and the
Division of Regional Development will determine which projects are eligible, and those projects
will be submitted to the Joint Bond Committee for review and approval. Upon approval, the
Budget and Control Board will approve the list of eligible projects, and instruct the Infrastructure
Bank to fund qualified projects. The Board may eliminate, but not add projects. The Board will
make use of review criteria which includes, but is not limited to, criteria provided in the bill.

The Regional Councils of Government (COGs) will act as liaison between the political
subdivisions and the DRD. They will assist the political subdivisions in creating and developing
local comprehensive infrastructure plans and will recommend standards and procedures for
developing, preparing and implementing these plans. The COGs will also assist the DRD in
planning on the state level and will assist in implementing the state's long-term goals, objectives,
and priorities.

Under the bill, the Department of Transportation must survey the state's substandard
railroad-owned bridges and estimate the cost of replacing these bridges. The railroads owning
these
bridges must pay into the Infrastructure Bank's Railroad Replacement Fund an assessment equal
to fifty percent of the replacement cost of the bridges. The fund will be expended to replace
bridges in accordance with the Department of Transportation's priority listing.

The bill prohibits tolling of existing federal interstates without the approval of the General
Assembly.

Several measures received third reading. H.3452 allows
jury service which falls during a school
term to be postponed for school personnel at institutions of higher learning and K-12 school
personnel who directly interact with students, such as teachers and bus drivers. H.3207 prohibits
establishments which sell beer, wine, or other alcoholic beverages from conducting drinking
games. Violations result in the possible suspension or revocation of alcohol licenses and
permits. S.41 adds to the list of traffic violations which constitute
child endangerment the failure to stop a
motor vehicle when signaled by a law enforcement officer. H.3399 eliminates the requirement
that an employer sign the written certification which an employee must show a county registrar
to
verify that he is obligated to be at his place of employment during polling hours, and is,
therefore,
qualified to vote by absentee ballot. H.3381 recodifies
the enabling statute of the South Carolina
Board of Architectural Examiners so as to bring it into conformity with the uniform
organizational and administrative framework for professional and occupational licensing boards
established for the Department of Labor, Licensing, and Regulation in 1996. H.3439 regulates
the sale of "regrooved" and "regroovable" tires by codifying in state law existing federal
standards.

SENATE

S.207, which reinstates bans on video poker payoffs in certain
counties, was approved on third reading and sent to
the House.

In committee action, Commissioner on Higher Education Fred Sheheen appeared before the
Senate Education
Committee to address concerns about the administration of the Palmetto Fellows scholarship
program. Using
funds derived from fees charged at the Barnwell nuclear waste facility, this scholarship program
was expanded by
the General Assembly in the 1996-97 Appropriation Act with the purpose of recognizing the
most academically
talented high school seniors in South Carolina and encouraging them to attend college in the
State. The budget
proviso expanding the program required that the Commission on Higher Education (CHE) promulgate regulations
and establish procedures to administer the program and request annual state appropriations for
the program. Proposed regulations from CHE have now come to the General Assembly for House and Senate
consideration. Recently, legislators, school administrators and teachers, parents, and students have expressed
concerns about the
process that CHE has used to evaluate the applicants in order to make decisions on scholarship
awards -
specifically, that the evaluation/ranking process may be too subjective. Other concerns about the
program have
also been expressed, but the discussion at the Senate Education Committee meeting centered
around the evaluation
process.

The Palmetto Fellows scholarship program is extremely competitive and awards are currently
based on merit and
an assessment of multiple criteria. Student financial need is not considered. Qualifying criteria
are a PSAT score
of 118, an SAT score of 1180, an ACT score of 26, or rank in the top five percent of the student's
Junior class. The total pool of qualified applicants for 1997-98 consisted of 2,640 students. 618 of these
students received
Palmetto Fellows scholarships. Applicants were rated for Personal Achievement (20
points maximum), a Personal
Statement (25 points maximum), Academic Record (80 points maximum), and School
Recommendation (25 points
maximum). An 18 member committee of college scholars and administrators from public and
private institutions
evaluated the applications. The committee divided into six teams of three each, and each team
received
approximately 450 applications to review and rate separately. The three separate ratings were
reviewed for
consistency and then averaged, the average score being used to rank the applicants. Awards
were based solely on
the scores.

After lengthy discussion, questions and answers, the Senate Education Committee agreed to ask
CHE to withdraw
the regulations, and to work with a legislative subcommittee to develop alternate regulations
which would address
the concerns.

Senate Finance subcommittees continued work on the 1997-98 Appropriation Bill. The full
committee expects to
consider the budget bill, capital reserve and supplemental appropriations, and the Bond Bill
beginning April 14
and continuing through April 25. The budget is expected to be taken up for debate by the full
Senate the week of
May 5-9.

Most standing committees suspended their proceedings in light of the short legislative week
preceding the Easter
holidays and the extensive attention paid the Comprehensive Infrastructure Development and
Financing Act on the
House floor.

EDUCATION AND PUBLIC WORKS

The Education and Public Works Primary and Secondary Education subcommittee
considered four bills. The subcommittee recommended a favorable report with
amendment on H.3594. This bill changes the due date
from November 15 to
December 1 for currently required annual reports to the parents and constituents of
school districts, providing information on schools' and school districts' goals and
objectives, and the progress on meeting these goals and objectives. The
subcommittee recommended an amendment to the bill which would strike all after
the enacting words and insert a provision that each school district shall provide the
State Department of Education each year with two copies of its audit report, by
December 1 following the close of the year. The subcommittee adjourned debate on
H.3415, which raises the number of units required for a
diploma from 20 to 24. S.361, a joint resolution which provides that certain
students for the 1996-97 school
year who have an overall passing average are exempt from certain academic course
requirements to participate in interscholastic activities, received a favorable
recommendation. H.3461, which authorizes parents and
other adult school
volunteers to ride school buses on a space available basis, received a favorable
recommendation with amendment. The proposed amendment limits to four the
number of adults who may ride the bus; provides that parents and other adults may
ride school buses permitted to deliver special programs that are sponsored by the
local school district and the State is not responsible for any associated cost; and
provides that the use of these vehicles shall be in accordance with local school
district board policies and programs.

H.3730NO WAKE ZONES ON HILTON HEAD
ISLAND Rep. Mullen
This bill establishes no wake zones on several creeks and coves on Hilton Head Island in
Beaufort County.

H.3733SPOTTED SEA TROUT AND RED DRUM
Rep. Campsen
This bill removes the current prohibition against gigging for spotted sea trout or red drum
between December first
and March first.

EDUCATION AND PUBLIC WORKS

H.3725TRAINING/EVALUATION OF EDUCATORS
Rep. Townsend
H.3725 amends current law concerning training, certification, and evaluation of public
educators. This
comprehensive bill states an intent to assure that school districts implement a comprehensive
system for assisting,
developing, and evaluating teachers employed at all contract levels. The bill provides that
college students seeking
an undergraduate degree in education may take the basic skills examination four times under
certain conditions
(currently they make take the exam three times), but if a student has not passed the examination,
he may not be
conditionally admitted to a teacher education program after December 1, 1996. The bill amends
State Board of
Education procedures for cognitive assessment for teachers and teacher certification, including a
provision that,
beginning with the 1997-98 school year, the Assessments of Performance in Teaching (APT)
shall no longer be
used to evaluate student teachers and shall not be required for evaluating provisional contract
teachers. Beginning
with the 1998-99 school year, no school district shall use the APT for evaluating provisional
contract teachers. The bill provides four contract levels for teachers with differences in the levels delineated in the
bill.

H.3729HANDICAPPED PARKING SPACES Rep.
Mullen
This bill provides that a post or wall-mounted placard identifying sign for a handicapped parking
space, which is
erected after January 1, 1998, must include the fine for unlawful use of a handicapped parking
space. The bill
specifies how the sign must read, and provides that omission of the fine on a sign is not a defense
to prosecution
for unlawful use of a handicapped parking space.

H.3735 SPECIAL LICENSE PLATES FOR PURPLE
HEART RECIPIENTS Rep. Carnell
This bill revises the fee for the special license plate issued to recipients of the Purple Heart to a
one-time fee of
eighteen dollars, and provides that if the design of this special plate is changed, a purchaser of
the license plate
must pay the one-time fee.

JUDICIARY

S.282IMMUNITY FOR FUNERAL ESCORTS Sen.
Anderson
This bill exempts from liability under the Governmental Tort Claims Act law enforcement
departments while they
are escorting funeral processions.

S.283SOLICITORS Sen. Hutto
This bill requires a solicitor to be licensed to practice law by the South Carolina Bar at the time
of his election and
throughout his term.

H.3713TERMINATION OF ALIMONY Rep.
Wilkins
This bill provides that alimony is terminated upon the continued cohabitation of the supported
spouse.

H.3714NAME CHANGES UPON DIVORCE Rep.
Wilkins
This bill authorizes the family court to grant a name change following an individual's divorce
upon an order of
separate maintenance.

H.3715SHOOTING RANGE PROTECTION ACT
Rep. Klauber
This bill provides restrictions on when property owners located near a shooting range may bring
nuisance actions
for noise for pre-existing, newly-constructed, and restarted shooting ranges. County and
municipal noise control
ordinances may not restrict shooting activities on a range which was established before
enactment of the ordinance
or in compliance with a previous noise control ordinance. These restrictions do not apply to
expansion of activity
at a shooting range.

S.3POLLING Sen. Leventis
This bill requires anyone who conducts a poll pertaining to a candidate or political party during
the six months
prior to a general election to file the name of the poll's sponsor along with the text of the polling
question with the
State Election Commission on the next working day after the poll is initiated. For polls initiated
during the ten
days prior to a general election, information must be filed prior to their initiation. A violator is
guilty of a
misdemeanor and subject to a fine of not more than five hundred dollars or imprisonment for not
more than thirty
days.

S.85RESTITUTION IN MUNICIPAL AND
MAGISTRATE'S COURTS Sen. Wilson
This bill authorizes municipal judges and magistrates to order restitution in an amount not to
exceed one thousand
dollars, in addition to criminal penalties.

S.320IN-LAWS SERVING AS POLL MANAGER OR
CLERK Sen. Rose
This bill prohibits a mother-in-law, father-in-law, brother-in-law, or sister-in-law of a candidate
in an election
from serving as a manager or clerk at a polling place where the candidate's name appears on the
ballot.

S.331FORFEITURE OF RECOGNIZANCE IN
MAGISTRATE'S COURT Sen. Holland
This bill authorizes a magistrate to confirm judgements for forfeiture of recognizance of a fine
not exceeding two
hundred dollars or imprisonment for not more than thirty days, in addition to assessments.

S.381STATEMENTS, NOTICES, AND PLEDGES OF
CANDIDACY Sen. Holland
This bill provides that in instances where deadlines for filing statements of intention of
candidacy for primaries or
notices and pledges of candidacy should fall on a Saturday, Sunday, or legal holiday, the
statement, notice, or
pledge must be filed on the next day which is not a Saturday, Sunday, or legal holiday.

H.3728ANNEXATION ACROSS COUNTY LINES
Rep. Mullen
This bill requires the approval of county council in order for land in the county to be annexed
into another county,
in all instances where the area to be annexed is less than five thousand acres in size or where the
population ration
is less than one elector for each ten acres.

LABOR, COMMERCE AND INDUSTRY

H.3717TOWING AND WRECKER SERVICE
PROVIDERS Rep. Littlejohn
This bill creates the Board of Towing and Recovery to create rules and promulgate regulations
governing the
towing and vehicle storage industry. The bill makes various specifications for rules and
regulations which the
Board must promulgate.

H.3724TELEMARKETING-FREE TIME ZONE
ACT Rep. Hodges
This bill prohibits unsolicited consumer telephone calls after six o'clock p.m., rather than the
current eight o'clock
p.m.

H.3726MONEY ORDER ACT Rep. Stuart
This bill provides for businesses selling money orders to be regulated and licensed by the Board
of Financial
Institutions. Licensing requirements and fees and requirements of financial surety are
established. The board's
authority to examine and penalize businesses is specified.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

H.3734DISTRIBUTION OF
CONTRACEPTIVES Rep. Campsen
This bill would prohibit the Department of Health and Environmental Control or any other state
agency from
distributing condoms or other types of contraceptives to a person under the age of 16 without the
written consent
of a parent, guardian, or one acting in loco parentis.

WAYS AND MEANS

H.3716BIENNIAL STATE APPROPRIATION ACT
Rep. Inabinett
This bill provides that, beginning with its 1999 session, the General Assembly shall enact a
biennial state general
appropriations act.

H.3719 LOCAL SALES AND USE TAX
REFERENDUMS Rep. Young-Brickell
This bill provides that, after a total of three referendums in which a majority "no" vote has been
certified on the
question of implementing local option sales and use tax within a county, no further referendum
may be held except
upon a petition requesting the referendum filed with the county election commission, containing
the signatures of
at least 15% of the qualified electors of the county.

H.3727 SALES AND USE TAX EXEMPTIONS
Rep. Cromer
This bill amends the current Sales and Use Tax Act so as to provide that the term "gross
proceeds of sales" does
not include the purchase price paid at the end of the term of a consumer automobile lease if the
sales tax has
already been paid on the lease pursuant to current Sales and Use Tax Act provisions.

H.3731 STATE EMPLOYEE SALARIES Rep.
Knotts
This bill provides that a classified state employee whose annual salary exceeds $75,000 is
ineligible to receive any
base pay increase, but if the employee's annual review score is "exceeds" or higher, the employee
is eligible for an
annual bonus of not more than $1,000.00. Also, an unclassified agency executive is ineligible to
receive any base
pay increase, but the executive is eligible for an annual "initiative bonus" of not more than
$1,000.00 with the
approval of the executive's employing authority. The bill also provides that an agency head
whose salary is
subject to the review of the Agency Head Salary Commission is ineligible to receive a base pay
increase provided
for all permanent state employees, and a vacancy in a position subject to Agency Head Salary
Commission review
must be filled at the minimum salary for that position.

H.3732 APPLICATION OF INTERNAL REVENUE
CODETO STATE TAX LAWS Rep. Campsen
This bill updates the reference date whereby South Carolina adopts various provisions of the
federal Internal
Revenue Code and other matters relating to federal income conformity, and allows a taxpayer to
elect a 1985
reference date with respect to certain corporate liquidations.

FOOTNOTE

The Legislative Update is on the Worldwide Web. Visit the South Carolina General Assembly
Home Page
(WWW.LPITR.STATE.SC.US) and click on the "Quick Find Guide." On the next screen, click
on "Legislative
Update." This will list all of the Legislative Updates by date. Click on the date you need.